Security rules of transboundary movements of genetically modified org{xe 'zmodyfik'}anisms

Autore:Piotr Krajewski
The area of issues related to the cooperation of neighbouring
countries for some time now widened to include transboundary
biosecurity issues arising from the intensive development of modern
biotechnology based on the use of genetically modified organisms
(GMOs) and their commercialization. The Cartagena Protocol on
Biosafety to the Convention on Biological Diversity is of great
importance{ XE "rócnorodno" } in this issue1. The second document
which plays a special role is Regulation No 1946/2003/EC of the
European Parliament and of the Council on transboundary movements of
GMOs which is “complementary” to the Cartagena Protocol2. First of all,
this regulation establishes the Community law framework for exports of
GMOs from the EU to the third countries.
* Faculty of Law and Administration University of Warmia an d Mazury in Olsztyn
1 The Cartagena Protocol on Biosafety to the Convention on Biological Diversity.
The protocol, elaborated “in accordance with the precautionary approach contained in
Principle 15 of the Rio Declaration”, was created in order to contribute to “ensuring
adequate level of protection in the field of the security transfer, handling and using living
modified organisms (...) which can have an effect on the conservation and sustainable use
of biological diversity, taking also into account risks to human health, and specifically
focusing on transboundary movements “(Article 1).
2 Regulation (EC) No. 1946/2003 of the European Parliament and of the Council of
15 July 2003 on transboundary movements of genetically modified organisms Article 32
of Directive 2001/18/EC which invited the Commission to present a proposal for
implementing the Cartagena Protocol. The purpose of the regulation is to set a common
regulatory framework for the export of genetically modified organisms from the EU to
third countries, to ensure the safety of human health and the respect for the natural
environment. However, the document does not contain any provisions relating to the
import of GMOs, because the legal system obliging in the European Community already
provides for a norms consistent with the objectives of the Protocol, which give the
counterparties the right to apply stricter rules on the protection of people and biodiversity
(if they are not inconsistent with the dispositions contained in the Protocol and
international standards) (Article. 14 Cartagena Protocol). Respecting accepted
commitments should primarily lie in the introduction of a system of notification and
exchange of information relating to export of GMOs to third countries, together with the
implementation of the disposal of a horizontal nature concerning the methods of
identification the GMOs, and the transmission of data to the Centre of Information
Exchange on Biosafety. Article 20 Cartagena Protocol.

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